If you are about to participate in mediation, here are some basics you need to consider.
- Every mediation involves practical issues that involve,
money, other kinds of property and business and relationships.
- However, one of the hidden issues that may be more or less significant depending upon the dispute involves psychology, in particular stress or the absence of peace of mind.
- Parties who are involved in litigation often start the process with a high degree of determination whether they are suing or defending. As a lawsuit proceeds, some of that determination abates and is replaced with litigation fatigue. Some of that is a financial, some is psychological. Protracted conflict comes with costs. Each party handles those costs differently. Some can absorb more punishment, others less so.
- While mediation is usually a time limited process, the longer a conflict lasts before mediation, the greater the stress level on the participates.
- By the time mediation occurs, the parties will likely recognize how much more stress they are prepared to endure. If the psychological costs are too high, each party may want to compromise more simply to reach agreement even if the agreement isn’t as generous as it might have been.
